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citybeat - > City Beat -> Bakersfield council takes on Second Amendment
Bakersfield council takes on Second Amendment

The Supreme Court last week heard arguments in a case over whether the District of Columbia can ban handguns. Councilman Zack Scrivner wants Bakersfield to take sides.

The case, at the court level, is the first time in decades that the court has considered whether the Second Amendment to the Constitution confers an individual the right to bear arms.

“Cities shold not be able to adopt laws that violate the Second Amendment, or any amendment, to the Constitution," Scrivner said.

He said he's comfortable with the city taking a stand against another city.

"It's perfectly appropriate for other municipalities to voice their support for the appeals Court," he said, referring to the court that overturned the D.C. law.

Some highlights of the resolution:

"The Founders clearly and conspicuously chose to use the words, 'the right of the people,' to describe that right."

"The City of Bakersfield urges the United States Supreme Court to uphold the original and historic view of the Second Amendment in its full and complete meaning, and therefore, to find that neither the City of Washington, D.C., nor any city, nor any level of government can usurp the right of the people to keep and bear arms."

The resolution is on the agenda for Wednesday's meeting. The full text is attached.

Posted in these Groups:
Topics: bakersfield, Zack Scrivner, supreme court, guns, second amendment, Bakersfield City Council
posted by citybeat on Tuesday, March 25, 2008 at 11:26 AM
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posted by sfinboston52 on Mar 25, 2008 at 11:57 AM

isnt there more important issues than wasting time trying to pass this? What about local education, foreclosures, unemployement, raising cost of fuel, food etc etc.

posted by randomfactor on Mar 25, 2008 at 12:01 PM

Ah, but this is mindless pandering to the voters.  That takes precedence over any old or new business, is not debatable, etc.  Sez so here in the Redneck Rules of Order.  Besides, the United States Supreme Court cannot make up its mind until they hear from Bakersfield.

posted by sagefever on Mar 25, 2008 at 12:03 PM

Posture~ it's all about posture. Or posing. 

posted by Neverleft on Mar 25, 2008 at 12:07 PM

 The 2nd Amendment along with the first is the back bone of our freedoms.  The first amendment has already been watered down and almost obliterated by you liberals.  The Council is right to back the original meaning. We Bakersfield Rednecks will support them.

 

posted by randomfactor on Mar 25, 2008 at 12:08 PM

Of course you will, even though the gesture is completely empty.  They're counting on it.

posted by solidrocker7 on Mar 25, 2008 at 12:11 PM

 It's our consitutional right to bear arms where the goevnment is trying to take that right away from the American public. Look what happened to London and the UK.....they took away guns from their people and crime has risen quite a bit from that time.

posted by witterpitters on Mar 25, 2008 at 12:12 PM

nawwwwwwwwwwww  RF, the gesture is "half full"  don't be so pessimistic!!!!! 

posted by sagefever on Mar 25, 2008 at 12:18 PM

I am for guns~I own several myself...but this is an empty(okay half full ~exactly of what i am not saying!!) gesture that will mean nothing. 

posted by Neverleft on Mar 25, 2008 at 12:42 PM

 It may mean nothing to some of you but to some of us it is supporting the right we have to keep and bear arms.


posted by sagefever on Mar 25, 2008 at 12:45 PM

neverleft~ support away.I just do not believe a statement fron the Bakersfield City Council will make an impact on the Supreme Court. 

posted by ChicoEsquela on Mar 25, 2008 at 12:47 PM

 

Don't even THINK about taking my guns!

posted by Neverleft on Mar 25, 2008 at 12:53 PM

 Sage. I doubt it too but it is still a welcome gesture.


posted by Maggiepoo on Mar 25, 2008 at 12:58 PM

Americans increasingly unwilling to surrender civil liberties

  Equally important, a recent survey by the Nashville-based First Amendment Center shows that Americans' support for First Amendment freedoms has rebounded to pre-9/11 levels. Shortly after the terrorist atrocities of 9/11, Americans were too ready to curtail basic rights; then, nearly half of the country agreed with the statement, "The First Amendment goes too far in the rights it guarantees." However, the most recent survey, conducted May 6 through June 6, shows that only 30 percent of Americans now support that view.

Just a week ago, the U.S. Supreme Court ruled that, war or not, the Bush administration has no right to hold so-called enemy combatants indefinitely outside the system of civil jurisprudence. Eight justices - all but Clarence Thomas - found that the two-year detention of American citizen Yaser Esam Hamdi, who has been held without the opportunity to challenge the government's evidence against him, was unconstitutional.

http://www.infowars.com/pri...

The ruling came as an overdue check on the Bush administration, which has used the war on terror as an excuse to curtail civil liberties and conduct the people's business in secret.

posted by adampayne on Mar 25, 2008 at 01:04 PM

“Cities should not be able to adopt laws that violate the Second Amendment, or any amendment, to the Constitution," Scrivner said.

What is so funny about the above statement is the fact that city governments are not allowed to make any laws violating any aspect of the Constitution, or any of the Amendments to it. Another City Council member in search of a national issue to endorse and crusade over that means absolutely nothing. Zack can now join Dave Couch with his nonsanctuary city drive, and Jacquie Sullivan with her national motto drive as another Council person who finds solving problems locally too challenging but endorsing petitions of no consequence politically expedient.

There has always been a gray area with regard to the Second Amendment due to the interpretation of what militia is/was defined as. Given the nature of the Supreme Court today one would think that this most severe handgun law in the nation would be in jeopardy. However,  we all have to remember the jurisdiction where the law is being applied. The Court may not want anymore guns in such close proximity to our national government institutions.

We lead the world in gun violence, but do absolutely nothing to curb it. Insane people are allowed to freely purchase and own guns. Assault weapon ownership is now permitted.  The New York Times published a daily summary of gun related deaths in the United States  in April 2007.  The link to this  summary is the previous sentence.

 

posted by luisadobbs on Mar 25, 2008 at 01:09 PM

 The City council need more men like Scrivner, maybe he and Couch can get together and have an illegal\Gun exchange.

Turn in an illegal and get a new gun, now that makes sense.

posted by nooneisabovethelaw on Mar 25, 2008 at 01:12 PM

First they tackled the First Amendment (In God Jacquie Trusts). Now it's the Second Amendment (In Guns Zackie Trusts). I can't wait for them to tackle the Third, Fourth and Fifth Amendments....

Meanwhile, the city goes to hell in a handbasket.

posted by nooneisabovethelaw on Mar 25, 2008 at 01:15 PM

 Neverleft wrote, foolishly: "The first amendment has already been watered down and almost obliterated by you liberals."

You just lost all credibility with that statement. We liberals are the ones who have been keeping the First Amendment intact, and at least as closely intended by the authors as possible.

posted by mildmannered1 on Mar 25, 2008 at 01:18 PM

 How arrogant.  Does he actually equate his intellect and opinions with those of the Supreme Court?  His opinions don't matter in this case, no more than they would on a bankruptcy case, any more than my nextdoor neighbor's would.  This is out of his purview and he should expend his brainpower on fixing things he might be able to fix.


posted by OldBlue56 on Mar 25, 2008 at 01:53 PM

 Why doesn't that little twerp Scriver worry about the budget deficit the city is experiencing right now. Why doesn't he work on the rising medical insurance costs for employees and retirees instead of wanting to act like a big shot.

posted by randomfactor on Mar 25, 2008 at 01:57 PM

Because that won't win him any votes except for thinking voters--and how many of *THEM* can there be?

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